MarkWest Pioneer, L.L.C.
Original Volume No. 1
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Effective Date: 04/01/2009, Docket: RP09-321-000, Status: Effective
Original Sheet No. 93 Original Sheet No. 93
GENERAL TERMS AND CONDITIONS
22.8.2. If Replacement Shipper fails to pay all or any part of the
Reservation Charge so credited within thirty (30) days of its due
date, then such unpaid amount plus interest will be charged to
Releasing Shipper’s next monthly bill and will be due and payable by
Releasing Shipper in accordance with this section.
23. RIGHT OF FIRST REFUSAL
23.1. If an FT Agreement at the maximum recourse rate for a term of twelve (12) or
more consecutive months of service contains no automatic extension
provision, Shipper shall be entitled to a ROFR to the renewal of its
Transportation Quantity in accordance with the procedures set forth in this
section. Prior to the termination of any FT Agreement and prior to
Transporter posting the availability of capacity under this section, if
applicable, Transporter and Shipper may mutually agree to modify or extend
such agreement, with respect to all or a portion of the underlying MDQ, on a
case-by-case basis and in a not unduly discriminatory manner.
23.2. Unless otherwise agreed to in Shipper’s FT Agreement, Shipper must provide
written notice to Transporter at least 180 days prior to the termination
date if the Shipper wants to exercise its ROFR.
23.3. Transporter shall post the capacity for bidding on its Website no later than
180 days prior to the expiration of Shipper’s FT Agreement. The capacity
will remain posted on the Website for a minimum of 20 days (“ROFR Bidding
Period”), with such posting containing the following information with
respect to the capacity:
a) Daily Transportation Quantity;
b) Receipt and Delivery Points;
c) Maximum reservation charge;
d) Any applicable restrictions; and
e) The last day of the ROFR Bidding Period.